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USCIS conducts second lottery for H-1B cap visas for fiscal 2022

Unsuccessful beneficiaries (candidates for whom H-1B visa functions have been filed by sponsoring employers) have one other likelihood to be chosen because the US Citizenship and Immigration Providers (USCIS) performed a second spherical of random choice, generally often known as the lottery.
This will likely be particularly useful to STEM-OPT college students who’re already within the US and who have been to transition to an H-1B visa, say immigration consultants. That is the second consecutive yr when the USCIS performed a second spherical of the lottery to fulfill the H-1B cap quota.
Worldwide college students from the science, expertise, engineering and arithmetic area (STEM), publish completion of their research, can achieve work expertise for as much as three years underneath the Elective Sensible Coaching Program (OPT). In a number of circumstances, the present employer the place they’re present process such coaching sponsors them for an H-1B visa, allotment of which relies on being chosen within the lottery.
Based on the newest obtainable Open Doorways Report, for the yr 2019-20, practically 18 per cent of the overall contingent of worldwide college students (or 1.93 lakh) have been from India. About 81,173 have been engaged within the OPT program.
In a press release launched on Thursday, the USCIS states, “We lately decided that we would have liked to pick out further registrations to succeed in the fiscal yr 2022 numerical allocations. On July 28, we chosen beforehand submitted digital registrations utilizing a random choice course of.” Based on USCIS, the submitting interval for these chosen within the second spherical of lottery will start on August 2 and shut on November 3.

For the fiscal 2022 (yr ending on September 30, 2022), in the course of the H-1B cap registration interval, sponsoring employers had submitted 3.08 lakh registrations — which is 12 per cent greater than what was reported within the submitting season for the earlier yr.
Earlier, the USCIS had chosen 87,500 registrations within the cap lottery to fulfill the annual quota of 85,000, giving a leeway for revocations and denials. This was 28 per cent of the overall variety of registrations obtained. The preliminary submitting interval for submitting the detailed visa functions for these chosen was from April 1 via June 30.
Below the e-registration system launched final yr, after registering fundamental particulars of beneficiaries and solely publish the lottery, sponsoring employers are required to file detailed visa functions for these chosen. The continuing pandemic and the journey bans might have led to a number of employers not going forward with the filings, leading to USCIS imitating a second lottery.
Immigration attorneys level out that that is excellent news for these within the US who’re eligible to alter standing to H-1B.
Nonetheless, the journey ban — which is in place for India and several other different international locations — will pose a problem to sponsoring employers and staff. Acquiring a Nationwide Curiosity Exemption (NIE), which permits a person to journey to the US, isn’t very straightforward, they add.
In the meantime, a gaggle of 500 odd plaintiffs, together with these from India, had moved courtroom to hunt a preliminary injunction in opposition to the USCIS to cease the possible upcoming second lottery for H-1B cap visas. The reason is that the registration course of permits a number of functions to be filed for a similar particular person, and it’s thus unlawful underneath legislation and rife with fraud and abuse. Contemplating that the second lottery course of has been kicked off, they could pursue additional authorized cures.

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